How to make a will in Texas

Texas will requirements at a glance

How to sign a will in Texas

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Tex. Est. Code 251.101-251.107 (affidavit form at 251.104(e); one-step form at 251.1045; holographic self-proof at 251.107))
5. Store the original safely and tell your executor where it is. Texas also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind. Also anyone who is or has been married, or who is a member of the U.S. armed forces, an auxiliary of the armed forces, or the U.S. Maritime Service (Tex. Est. Code 251.001).

Witness rules

Two or more credible witnesses, each at least 14, must subscribe their names in their own handwriting in the testator's presence. Section 251.051 has no each-other presence rule, but the one-step self-proving form recites that all are present at the same time and that the witnesses sign in each other's presence (Tex. Est. Code 251.051, 251.1045).

If a witness inherits: A gift to a subscribing witness is void if the will cannot otherwise be established, unless one disinterested credible person corroborates the witness's testimony; the witness may still take up to their intestate share (Tex. Est. Code 254.002).

Handwritten wills

Wholly in the testator's handwriting; no attesting witnesses required (Tex. Est. Code 251.052). The testator alone can make it self-proved by affidavit (251.107).

Self-proving affidavit

Texas lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Tex. Est. Code 251.101-251.107 (affidavit form at 251.104(e); one-step form at 251.1045; holographic self-proof at 251.107))

Can I sign my will online in Texas?

No. The current official text of Estates Code Chapter 251 contains no electronic-will provisions, and no enacted Texas electronic-wills law was found.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: The online-notary statute does not exclude wills. Witnesses must still be physically present to sign in their own handwriting, and no statute confirms remote notarization of a self-proving affidavit. (Tex. Gov't Code 406.101-406.113 (online notary public; Acts 2017, ch. 340), effective 2018-07-01)

Good to know in Texas

Witnesses must be at least 14 and must sign in their own handwriting. A living testator can deposit the will with the county clerk for $5 (Tex. Est. Code 252.001).

Estate and inheritance taxes

Texas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Texas will questions

Does a will need to be notarized in Texas?

No. Two witnesses make a Texas will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in Texas?

Wholly in the testator's handwriting; no attesting witnesses required (Tex. Est. Code 251.052). The testator alone can make it self-proved by affidavit (251.107).

Can a beneficiary witness a will in Texas?

A gift to a subscribing witness is void if the will cannot otherwise be established, unless one disinterested credible person corroborates the witness's testimony; the witness may still take up to their intestate share (Tex. Est. Code 254.002).

Can I make a will online in Texas?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Texas doesn't allow electronic wills, so the will must be signed on paper.

Does Texas have an estate or inheritance tax?

Texas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Texas statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Texas attorney.